STERLING WATER, INC. D/B/A CULLIGAN ONLINE BILL PAYMENT SERVICE TERMS OF SERVICE
STERLING WATER, INC. D/B/A CULLIGAN ONLINE BILL PAYMENT SERVICE TERMS AND CONDITIONS
Terms of Use:
This Agreement (herein referred to as "Terms") details your responsibilities as a user of
Sterling Water, Inc. d/b/a Culligan's online bill payment service ("Service") for financial
transactions between you and Sterling Water, Inc. d/b/a Culligan ("Sterling"). It also
includes disclaimer of liability and other matters that are of interest to users. When you
use or access, or permit any other person to use or access the Service, you agree to these
Terms as they may be revised or amended from time to time.
Restrictions on Use:
In consideration of your use of the Service, you represent that you are of legal age to
form a binding contract (at least 18 years old).
Our Communications to You:
You agree that Sterling may send you electronic communications related to your use of
the Service, including but not limited to notification of new invoices, confirmation of
payments made, notice of credit card expirations, and other purposes as Sterling
Management deems to be appropriate.
Account Information and Password:
Access and use of password protected and/or secure areas of the Service are restricted to
authorized users only. To prevent unauthorized access to your account and to prevent
unauthorized use of the Service, you agree to protect and keep confidential your User ID,
password, and other account information from any person not authorized to access your
account. If you disclose your User ID, password, or account information to any person or
entity, you assume all risks and losses associated with such disclosure. If you permit any
other person or entity to use your User ID or password, you are responsible for any
activities authorized from your account. If you believe someone may have attempted to
use or has used your account without your permission, or that any other unauthorized use
of your account number, User ID or password, or other security breach has occurred, you
must change your password. It is your obligation to immediately notify Sterling, during
normal customer service hours (8 a.m. to 5 p.m. CST), if you believe unauthorized access
or use has occurred. Unauthorized individuals attempting to access password protected
and/or secure areas of the Service may be subject to prosecution.
Changes:
Sterling may amend or change the Terms from time to time, in our sole discretion, by
posting the updated Terms and such changes shall be effective when notice of such
changes are posted. Please access and review the Terms regularly. The Terms apply
exclusively to your access and use of the Service and do not alter the terms or conditions
of any other agreement between you and Sterling.
Online BillPay
If you choose to enroll for Online BillPay, you agree to receive all your invoices
electronically. You will be notified via email when new invoices are available for
viewing and payment. It is your responsibility to make sure your email is accessible to
Sterling. Email notifications will be sent from sterling@onlinebiller.com.
Use and Storage of Payment Methods
By entering your bank account or credit card information (herein referred to as "Payment
Method") for use by the Service, you are stating that you are an authorized user of the
Payment Method and that the associated information entered (account holder name,
financial institution, billing address, etc.) is accurate. You also authorize Sterling to,
upon notification by you or your financial institution, modify and/or update the account
numbers, expiration dates, or other pertinent information associated with the Payment
Method as necessary to complete any authorized transaction.
You further authorize Sterling to use the stored Payment Method information to debit
your specified bank account or charge your credit card for amounts authorized by you
with this Service. If the transaction is an automatic payment setup within the Service,
you authorize Sterling to charge the amount due, up to the limit specified in the
authorization. You also authorize Sterling to use the Service to return or deposit to your
account any funds due you by Sterling resulting from use of this Service.
Use of Automatic Payment Option:
When you setup, or have Sterling setup on your behalf, automatic payments through the
Service, you are authorizing Sterling to debit your specified bank account or charge your
specified credit card for amounts billed, up to the authorized limit specified, for each
invoice billed to your account. Payments will be processed on the invoice due date.
Risk of Loss:
In the event of a system failure or interruption while using the Service online, your data
may be lost or destroyed. Any transaction(s) that you initiated, were in the process of
completing, or completed shortly before a system failure or interruption should be
verified by you to ensure the accuracy and completeness of such transactions(s). You
assume the risk of loss of your data during any system failure or interruption and the
responsibility to verify the accuracy and completeness of any transactions so affected.
No Warranties:
Limitations of liability and exclusions of warranties: The foregoing shall constitute
Sterling's entire liability and your exclusive remedy. In no event shall Sterling ever be
liable for any direct, indirect, special, incidental, consequential, or exemplary damages,
including lost profits (even if advised of the possibility of such damages) arising in any
way out of your use of the service.
We are providing the Service to you "AS IS" without any warranty of any kind either
expressed or implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose.
These Terms are the legal binding agreement between Sterling and you with respect to
the Service. You will be agreeing to the current provisions of the Terms each time you
make a payment using the Service. The Terms may have been altered or amended from
the last time you used the Service so be sure to read the Terms each time before you
make a payment to be certain you still agree with its provisions. Your use of the Service
after any changes to these Terms will constitute your agreement to such change(s).
Termination and Discontinuation:
Sterling reserves the right to discontinue the Service at any time, or to terminate your use
of the Service. If Sterling terminates your use of the Service, you will need to pay your
amounts due to Sterling in another manner.
Disputes:
If there is a dispute regarding the Service, you agree to resolve the dispute first by
looking to these Terms. If these Terms are unclear, or if there remains a dispute with
Sterling, then the parties shall try to resolve any dispute arising out of or relating to these
Terms by mediation under the Mediation Procedures of the CPR Institute for Dispute
Resolution. Unless the parties agree otherwise, the mediator will be selected from the
CPR Panels of Distinguished Neutrals. Any controversy or claim arising out of or
relating to the Terms or the breach, termination or validity thereof, which remains
unresolved 45 days after appointment of a mediator, shall be settled by arbitration by a
sole arbitrator in accordance with the CPR Rules for Non-Administered Arbitration, and
judgment upon the award rendered by the arbitrator may be entered by any court having
jurisdiction thereof.
The Terms are the complete and exclusive statement of the agreement between you and
Sterling with regard to the use of the Service. It supersedes any proposal or prior
agreement, oral or written, and any other communications between you and Sterling relating to
the Service. If there is a conflict between what a Sterling employee tells you
and these Terms, these Terms will prevail.
Governing Law:
These Terms and Conditions shall be governed by the laws of Wisconsin, without regard
to the choice of law or conflict of law rules thereof.
You should print and retain this document and any updated or amended Terms for
safekeeping and reference at any time during usage of the Service.
Our Credit Card Data Responsibility
We are responsible for the merchant cardholder data that our system stores or transmits on behalf of the customer, and will maintain compliance with all applicable PCI DSS requirements. Customers are requested to notify us in the event that they experience issues that may affect the security, availability or privacy of the services they are utilizing.